Nevada 2017 Regular Session Status: Enacted

AB 458 — Revises provisions governing industrial insurance. (BDR 53-489)

Last action — Approved by the Governor. Chapter 216.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 27, 2017. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

563 added · 599 removed

563 line(s) added, 599 removed.

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(Reprinted with amendments adopted on April 24, 2017) FIRST REPRINT A.B.
Assembly Bill No.
458 A SSEMBLY BILL N O.
458–Committee on Commerce and Labor CHAPTER..........
458–COMMITTEE ON C OMMERCE AND L ABOR M ARCH 27, 2017 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing industrial insurance.
(BDR 53-489) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiSection 2 of this bill specifies that a physician or chiropractor may use interchangeably certain phrases that relate to a claim for compensation when determining the causation of an industrial injury or occupational disease.
Section 2 of this bill specifies that a physician or chiropractor may use interchangeably certain phrases that relate to a claim for compensation when determining the causation of an industrial injury or occupational disease.
Existing law authorizes a hearing officer or appeals officer to order an independent medical examination if such an examination is necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied.
Existing law authorizes a hearing officer or appeals officer to order an medical question concerning an injured employee’s condition or to determine thea necessity of treatment for which authorization for payment has been denied.
In such or not the physician or chiropractor is on the insurer’s panel of providers of health care.
In such situations, an injured employee may choose any physician or chiropractor, whether or not the physician or chiropractor is on the insurer’s panel of providers of health care.
(NRS 616C.330, 616C.360) Section 3 of this bill sets forth that an injured employee is entitled to an independent medical examination for a claim for compensation that is open or when the closure of a claim is under dispute.
(NRS 616C.330, 616C.360) Section 3 of this bill sets forth that an injured compensation that is open or when the closure of a claim is under dispute.
Section further authorizes the injured employee to obtain an independent medical examination:
Section 3 further authorizes the injured employee to obtain an independent medical examination:
- *AB458_R1* – 2 – (2) within 30 days after the injured employee receives a certain report generated by a medical examination;
(2) within 30 days after the injured employee receives a certain report generated by Section 3 additionally requires an injured employee to select a physician orer.
or (3) by leave of a hearing officer or appeals officer.
chiropractor from the panel of physicians or chiropractors established by the Administrator of the Division of Industrial Relations of the Department of Business and Industry.
Section 3 additionally requires an injured employee to select a physician or chiropractor from the panel of physicians or chiropractors established by the Administrator of the Division of Industrial Relations of the Department of Business and Industry.
Section 3 additionally allows the injured employee to obtain only one independent medExisting law provides that the primary obligation of a vocational rehabilitation counselor is to the injured employee.
Section 3 additionally allows the injured employee to obtain only one independent mediExisting law provides that the primary obligation of a vocational rehabilitation counselor is to the injured employee.
(NRS 616C.555) Section 4 of this bill provides for a vocational rehabilitation counselor to be appointed by the insurer and injured employee when a written assessment is requested or when a plan for a program of vocational rehabilitation is reqExisting law requires, where there is a previous disability, the percentage of disability for a subsequent injury to be determined by deducting from the entire disability of the person the percentage of previous disability as it existed at the time of the subsequent injury.
(NRS 616C.555) Section 4 of this bill provides for a vocational rehabilitation counselor to be appointed by the insurer and injured employee when a written - 79th Session (2017) – 2 – assessment is requested or when a plan for a program of vocational rehabilitation is requExisting law requires, where there is a previous disability, the percentage of disability for a subsequent injury to be determined by deducting from the entire disability of the person the percentage of previous disability as it existed at the time of the subsequent injury.
863 statute.
863 (2011), found this regulation to be invalid since it was in conflict with the existing into existing law.
Section 8 of this bill incorporates the substance of the regulation at issueg into existing law.
of this bill incorporates the substance of the regulation at issue Existing law authorizes an insurer, after sending notice to the claimant, to close a claim if, during the first 12 months after a claim is opened, the medical benefits required to be paid for the claim are less than $300.
Existing law authorizes an insurer, after sending notice to the claimant, to close a claim if, during the first 12 months after a claim is opened, the medical benefits required to be paid for the claim are less than $300.
Existing law further requires an insurer to send to a claimant who receives less than $300 in medical benefits within months after the claim is opened a written notice that explains how the claim may be closed if, during the first 12 months after the claim is opened, the medical benefits required to be paid for the claim are less than $300.
Existing law further requires an insurer to send to a claimant who receives less than $300 in medical benefits within 6 months after the claim is opened a written notice that explains how the claim may be closed if, during the first 12 months after the claim is opened, the medical benefits required to be paid for the claim are less than $300.
(NRS 616C.235) Section 7.3 of this bill increases the amount of medical benefits required to be paid for the claim from $300 to $800.
(NRS 616C.235) for the claim from $300 to $800.es the amount of medical benefits required to be paid Existing law sets forth that if an employee’s claim is reopened, the employee is not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before the claim was reopened, the employee retired for reasons unrelated to the injury for which the claim was originally made.
not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before the claim was reopened, the employee retired for reasons unrelated to the injury for which the claim was originally made.
Existing law authorizes an award for a permanent partial disability to be paid in calculated and requires the tables used in this calculation to be reviewed annually by a consulting actuary.
Existing law authorizes an award for a permanent partial disability to be paid in a lump sum.
(NRS 616C.495) Section 9 of this bill specifies the maximum amount of a lump sum that a person injured on or after July 1, 1995, and before January 1, 2016, on or after January 1, 2016, and before July 1, 2017, and on or after July 1, 2017, may elect to receive as his or her compensation.
Existing law further provides how a lump sum amount is to be calculated and requires the tables used in this calculation to be reviewed annually by a consulting actuary.
- *AB458_R1* – 3 – Section 9 additionally requires the tables used to calculate the lump sum to be adjusted on July 1 of each year.
(NRS 616C.495) Section 9 of this bill specifies the maximum amount of a lump sum that a person injured on or after July 1, 1995, and and on or after July 1, 2017, may elect to receive as his or her compensation.
Section 9 additionally requires the tables used to calculate the lump sum to be adjusted on July 1 of each year.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Certain phrases relating to a claim for compensation for an industrial injury or occupational disease and used by a physician or chiropractor when determining the causation of an industrial injury or occupational disease are deemed to be equivalent and may be used interchangeably.
Certain phrases relating to a claim for compensation for an industrial injury or occupational disease and used by a physician or chiropractor when determining the causation of an - 79th Session (2017) – 3 – industrial injury or occupational disease are deemed to be equivalent and may be used interchangeably.
and 2.
and condition in question was caused by the industrial injury.” Sec.
“A degree of reasonable medical probability that the condition in question was caused by the industrial injury.” Sec.
Except as otherwise provided in subsection 5, an independent medical examination must not involve treatment and must be conducted by a physician or chiropractor selected by the injured employee from the panel of physicians and chiropractors established pursuant to subsection 1 of NRS 616C.090.
Except as otherwise provided in subsection 5, an must be conducted by a physician or chiropractor selected by the injured employee from the panel of physicians and chiropractors established pursuant to subsection 1 of NRS 616C.090.
If the dispute concerns the rating of a permanent disability, an independent medical examination may be conducted by a - *AB458_R1* – 4 – rating physician or chiropractor.
If the dispute concerns the rating of a permanent disability, an independent medical examination may be conducted by a rating physician or chiropractor.
(a) Pay the costs of any independent medical examination conducted pursuant to this section in accordance with NRS 616C.260;
- 79th Session (2017) – 4 – (a) Pay the costs of any independent medical examination conducted pursuant to this section in accordance with NRS 616C.260;
and (b) Upon request, receive a copy of any report or other document that is generated as a result of the independent medical examination.
and (b) Upon request, receive a copy of any report or other examination.t is generated as a result of the independent medical 7.
7.
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4.
the injured employee or personal or legal representative of thed by injured employee pursuant to subsection 1 or 3 must be assigned to provide all vocational rehabilitation services for the claim pursuant to this section and NRS 616C.530 to 616C.600, inclusive;
The vocational rehabilitation counselor that is selected by the injured employee or personal or legal representative of the injured employee pursuant to subsection 1 or 3 must be assigned to provide all vocational rehabilitation services for the claim pursuant to this section and NRS 616C.530 to 616C.600, inclusive;
After a vocational rehabilitation counselor is selected and assigned pursuant to this section, an injured employee or personal or legal representative of the injured employee may only rescind - *AB458_R1* – 5 – the selection of the vocational rehabilitation counselor with the consent of the insurer.
After a vocational rehabilitation counselor is selected and assigned pursuant to this section, an injured employee or personal or legal representative of the injured employee may only rescind the selection of the vocational rehabilitation counselor with the consent of the insurer.
Sec.
Secs.
5.
5, 6 and 7.
6.
(Deleted by amendment.) Sec.
7.
(Deleted by amendment.) Sec.
(a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant and, if the insurer has been notified that the claimant is represented by an attorney, to the attorney for the claimant by first-class mail addressed to the last known address of the attorney.
- 79th Session (2017) – 5 – (a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last that the claimant is represented by an attorney, to the attorney for the claimant by first-class mail addressed to the last known address of the attorney.
If, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than [$300,] $800, the insurer may close the claim at any time after the insurer sends, by first-class mail addressed to the last known address of the claimant, written notice that includes a statement which prominently displays that:
If, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than [$300,] $800, the insurer may close the claim at any time after the insurer sends, by first-class mail addressed to the last known address of the displays that:ten notice that includes a statement which prominently (a) The claim is being closed pursuant to this subsection;
(a) The claim is being closed pursuant to this subsection;
- *AB458_R1* – 6 – 3.
3.
The written notice provided pursuant to this subsection does not create any right to appeal the contents of that notice.
The written notice provided - 79th Session (2017) – 6 – pursuant to this subsection does not create any right to appeal the contents of that notice.
and (b) A document that is separate from any other document or form that is used by the insurer.
and form that is used by the insurer.e from any other document or 4.
4.
2.
application and for good cause shown, may authorize the reopeningg an of the claim for medical investigation only.
After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only.
- *AB458_R1* – 7 – 4.
4.
(a) The application is supported by medical evidence demonstrating an objective change in the medical condition of the claimant;
- 79th Session (2017) – 7 – (a) The application is supported by medical evidence demonstrating an objective change in the medical condition of the claimant;
and (b) There is clear and convincing evidence that the primary cause of the change of circumstances is the injury for which the claim was originally made.
and (b) There is clear and convincing evidence that the primary claim was originally made.cumstances is the injury for which the 5.
5.
One year after the date on which the claim was closed, an insurer may dispose of the file of a claim authorized to be reopened pursuant to subsection 5, unless an application to reopen the claim has been filed pursuant to that subsection.
One year after the date on which the claim was closed, an insurer may dispose of the file of a claim authorized to be reopened has been filed pursuant to that subsection.tion to reopen the claim 8.
8.
The provisions of this section apply to any claim for which an application to reopen the claim or to increase or rearrange - *AB458_R1* – 8 – compensation is made pursuant to this section, regardless of the date of the injury or accident to the claimant.
The provisions of this section apply to any claim for which an application to reopen the claim or to increase or rearrange compensation is made pursuant to this section, regardless of the date of the injury or accident to the claimant.
If a claim is reopened pursuant to this section, the amount of any compensation or benefits provided must be determined in accordance with the provisions of NRS 616C.425.
If a claim is reopened - 79th Session (2017) – 8 – pursuant to this section, the amount of any compensation or benefits provided must be determined in accordance with the provisions of NRS 616C.425.
(a) “Governmental program” means any program or plan under which a person receives payments from a public form of retirement.
under which a person receives payments from a public form of retirement.
(c) “Wages” means any remuneration paid by an employer to an employee for the personal services of the employee, including, without limitation:
an employee for the personal services of the employee, including, without limitation:
Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have - *AB458_R1* – 9 – suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability.
Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have - 79th Session (2017) – 9 – suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability.
Unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor:
Unless the insurer and the chiropractor:yee otherwise agree to a rating physician or (a) The insurer shall select the rating physician or chiropractor from the list of qualified rating physicians and chiropractors designated by the Administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.
(a) The insurer shall select the rating physician or chiropractor from the list of qualified rating physicians and chiropractors designated by the Administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.
4.
before an evaluation by a rating physician or chiropractor ishall, performed, notify the insurer of:
At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of:
Except in the case of claims accepted pursuant to NRS 616C.180, no factors other than the degree of physical impairment of the whole person - *AB458_R1* – 10 – may be considered in calculating the entitlement to compensation for a permanent partial disability.
Except - 79th Session (2017) – 10 – in the case of claims accepted pursuant to NRS 616C.180, no factors other than the degree of physical impairment of the whole person may be considered in calculating the entitlement to compensation for a permanent partial disability.
6.
with his or her evaluation of the injured employee.
The rating physician or chiropractor shall provide the insurer with his or her evaluation of the injured employee.
After receivingrer the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:
After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:
¬ Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.
¬ Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for years or until the claimant is 70 years of age, whichever is later.
Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.
Compensation benefits may be paid annually to claimants who9.ill[Where] Except as otherwise provided in subsection 10, if there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
9.
[Where] Except as otherwise provided in subsection 10, if there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
If a rating evaluation was completed for a previous disability involving a condition, organ or anatomical structure that is identical to the condition, organ or anatomical structure being evaluated for the present disability, the percentage of disability for a subsequent injury must be determined by deducting the percentage of the previous disability from the percentage of the present disability, regardless of the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 used to determine the percentage of the previous disability.
If a rating evaluation was completed for a previous disability involving a condition, organ or anatomical structure that is identical to the condition, organ or anatomical structure being evaluated for the present disability, the percentage of disability for a subsequent injury must be determined by deducting the percentage of the previous disability from the percentage of the present disability, regardless of the edition of the American - 79th Session (2017) – 11 – Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 used to determine the percentage of the previous disability.
The compensation awarded for a permanent disability on a subsequent - *AB458_R1* – 11 – injury must be reduced only by the awarded or agreed upon percentage of disability actually received by the injured employee for the previous injury regardless of the percentage of the previous disability.
The compensation awarded for a permanent disability on a subsequent percentage of disability actually received by the injured employee for the previous injury regardless of the percentage of the previous disability.
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.
child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.
(d) Any claimant injured on or after July 1, 1995, and before [may elect to receive his or her compensation in a lump sum in accordance with regulations adopted by the Administrator and approved by the Governor.
(d) Any claimant injured on or after July 1, 1995, and before [may elect to receive his or her compensation in a lump sum in accordance with regulations adopted by the Administrator and - 79th Session (2017) – 12 – approved by the Governor.
The Administrator shall adopt regulations for determining the eligibility of such a claimant to receive all or any portion of his or her compensation in a lump sum.
The Administrator shall adopt receive all or any portion of his or her compensation in a lump sum.
Notwithstanding the provisions of NRS 233B.070, any - *AB458_R1* – 12 – regulation adopted pursuant to this paragraph does not become effective unless it is first approved by the Governor.] January 1, 2016, who incurs a disability that:
Notwithstanding the provisions of NRS 233B.070, any regulation adopted pursuant to this paragraph does not become effective unless it is first approved by the Governor.] January 1, 2016, who incurs a disability that:
(II) To the extent that the insurer has offered to provide compensation in a lump sum up to the present value of an award for disability of 30 percent, elect to receive his or her compensation in a lump sum up to the present value of an award for a disability of 30 percent.
(II) To the extent that the insurer has offered to provide for disability of 30 percent, elect to receive his or heraward compensation in a lump sum up to the present value of an award for a disability of 30 percent.
(f) Any claimant injured on or after July 1, 2017, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of up to 30 percent.
(f) Any claimant injured on or after July 1, 2017, who incurs a compensation in a lump sum equal to the present value of an or her award for a disability of up to 30 percent.
(g) If the permanent partial disability rating of a claimant seeking compensation pursuant to this section would, when combined with any previous permanent partial disability rating of the claimant that resulted in an award of benefits to the claimant, result in the claimant having a total permanent partial disability rating in excess of 100 percent, the claimant’s disability rating upon which compensation is calculated must be reduced by such - *AB458_R1* – 13 – percentage as required to limit the total permanent partial disability rating of the claimant for all injuries to not more than 100 percent.
- 79th Session (2017) – 13 – (g) If the permanent partial disability rating of a claimant seeking compensation pursuant to this section would, when combined with any previous permanent partial disability rating of the claimant that resulted in an award of benefits to the claimant, rating in excess of 100 percent, the claimant’s disability rating upon which compensation is calculated must be reduced by such percentage as required to limit the total permanent partial disability rating of the claimant for all injuries to not more than 100 percent.
¬ The claimant, when he or she demands payment in a lump sum, must be provided with a written notice which prominently displays a statement describing the effects of accepting payment in a lump sum of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that the claimant has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm the demand, before payment may be made and the claimant’s election becomes final.
¬ The claimant, when he or she demands payment in a lump sum, must be provided with a written notice which prominently displays a of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that the claimant has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm the demand, before payment may be made and the claimant’s election becomes final.
If the claimant received compensation in installment payments for his or her permanent partial disability before electing to receive payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation.
If the claimant received compensation in installment payments for his or her permanent partial disability before electing to receive payment for that disability in a lump sum, - 79th Session (2017) – 14 – the lump-sum payment must be calculated for the remaining payment of compensation.
The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid.
The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum payments in the amounts prescribed in subsection 7 of NRSng monthly 616C.490 and actuarial annuity tables adopted by the Division.
The present value must be calculated using monthly payments in the amounts prescribed in subsection 7 of NRS 616C.490 and actuarial annuity tables adopted by the Division.
The tables must be reviewed annually by a consulting actuary [.] and must be adjusted accordingly on July 1 of each year by the Division using:
The tables must be reviewed annually by a consulting actuary [.] and - *AB458_R1* – 14 – must be adjusted accordingly on July 1 of each year by the Division using:
H - *AB458_R1*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 216.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Read second time.

  6. Placed on Second Reading File.

  7. From committee: Do pass.

  8. Read first time. Referred to Committee on Commerce, Labor and Energy. To committee.

  9. In Senate.

  10. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 33, Nays: 6, Excused: 3.) To Senate.

  11. From committee: Do pass, as amended.

  12. From printer. To engrossment. Engrossed. First reprint . To committee.

  13. Read second time. Amended. (Amend. No. 552.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  14. Placed on Second Reading File.

  15. From committee: Amend, and do pass as amended.

  16. Notice of eligibility for exemption.

  17. From printer. To committee.

  18. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

  • Commerce and Labor · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Commerce and Labor

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 458?
AB 458 is sponsored by Commerce and Labor.
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This bill has been enacted into law. Introduced March 27, 2017. Enacted.
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